AUSTIN v. 25 GROVE ST. LLC

Index No. 155570/20. Appeal No. 15228-15228A. Case No. 2021-03201.

202 A.D.3d 429 (2022)

162 N.Y.S.3d 342

2022 NY Slip Op 00716

Maire Sheila Austin et al., Respondents-Appellants, v. 25 Grove Street LLC, Appellant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 3, 2022.


Attorney(s) appearing for the Case

The Price Law Firm, LLC, New York ( Joshua C. Price of counsel), for appellant-respondent.

David Rozenholc & Associates, New York ( Ellery Ireland of counsel), for respondents-appellants.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.


Beginning in May 2013, plaintiffs leased the subject apartment at a monthly rent of $2,950, increased to $2,979.50 in June 2015. In 2014, defendant's predecessor was receiving J-51 tax benefits, but registered the apartment as "exempt" due to "high rent vacancy" and based on improvements, notwithstanding the 2009 ruling of the Court of Appeals that rent-regulated apartments could not be removed from rent stabilization while the building received J-51 benefits (Roberts...

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